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Saturday, May 5, 2012

Lawrie-Blum v. Land Baden-Wurttemberg case brief

Lawrie-Blum v. Land Baden-Wurttemberg

FACTS -British national obtained teaching degree from German University, applied to Stuttgart teaching training program.-Teacher training in Germany = 2 year program; prerequisite of being a high school teacher.-P denied admission to program b/c German law made teachers public officials and required German nationality.ISSUE: Should a teacher-trainee be considered a worker?HOLDING:
Yes, the fact that trainee teachers give lessons for only a few hours a
week and are paid below the starting salary of a qualified teacher does
not prevent them from being regarded as workers.RULES Term "worker" has a community meaning, may not be interpreted differently by each state.-Community concept of 'worker' interpreted broadly.-Court looks at "rights and duties" of the persons concerned:-The essential feature of an employment relationship is that for a certain period of time a person performs services for and under the direction of another person in return for which he receives remuneration.

ANALYSIS -The court stated that the individual here gives service of some economic value to the school.-Preparatory
service not a bar to application of TFEU 45 if the service is performed
under the conditions of an activity as an employed person.

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